HOUSTON’S TRUSTED FORECLOSURE DEFENSE LEGAL TEAM

One of Houston’s most recognized foreclosure defense firms.

We’re not a “bankruptcy mill” that funnels distressed homeowners into bankruptcy. 

Rather, we fight the mortgage companies in civil court and will not recommend bankruptcy unless all other avenues are exhausted.  

A woman hugs her partner and holds the keys to her house

OUR MISSION IS SIMPLE:

We vigorously protect homeowner rights and keep families in their home.

OUR BACKGROUND

The Firm was founded in 2009 .

We represent homeowners, investors, and lienholders against mortgage companies and HOA’s claiming the right to foreclose on residential properties.  We also handle other types of real estate matters on a case-by-case basis.

Mortgage companies and their lawyers respect and fear us.

We have over a decade of experience fighting mortgage companies. We know the playing field and the way to litigate to a successful conclusion.  

MEET THE TEAM

Notable cases:

  • The main issue in Swoboda before the Court of Appeals was whether the mortgage company could foreclose due to the expired statute of limitations. The mortgage company argued that the statute of limitations was reset through various actions, but the Court of Appeals rejected their arguments. The case was remanded for a trial. This situation is not uncommon in Texas home equity loan foreclosures, so homeowners and practitioners should be vigilant in protecting their rights under the statute of limitations.

    Full Citation: Swoboda v. Ocwen Loan Servicing, LLC, 579 S.W.3d 628 (Tex. App.–Houston May 23, 2019, no pet.)

    The Swoboda opinion can be viewed by clicking here.

  • The main issue in Hollenberg before the Court of Appeals was whether a home equity loan complied with the Texas Constitution. Texas has strong homestead protections, and lenders often violate the law when making such loans. Hollenberg sued because didn’t receive the required closing disclosure before the loan closing. The Firm took the case to a jury trial and won, resulting in the loan being canceled and Hollenberg being awarded $46,370.90 plus attorney fees. The mortgage company appealed, but the Court of Appeals rejected their arguments and upheld the jury’s verdict.

    Full Citation: CFNA Receivables (TX) v. Cynthia Hollenberg, No. 09-18-00260-CV, 2019 WL 3022546 (Tex. App.–Beaumont 2019, no pet.)

    The Hollenberg opinion can be viewed by clicking here.

  • The issue in all of these cases was the jurisdiction of the federal court to hear the case. The Firm knows from experience that the homeowner has a better chance at a favorable outcome in state court compared to federal court. In each of these cases, and in many others not listed here, the Firm was able to use recent U.S. Supreme Court precedent and other effective arguments to successfully have the cases “remanded” back to state court. The Firm is not content to litigate in a forum that is historically unfavorable to borrowers. The Firm will fight tooth and nail to have every case heard in state court.

    Full Citations: Juarez v. DHI Mortgage Company, Ltd., No. H-15-3534, 2016 WL 3906296 (S.D.Tex. 2016); Swoboda v. Ocwen Loan Servicing, LLC, No. 4:13-cv-02986, Dkt. No. 138 (S.D.Tex. 2016); Pechua, Inc. v. America’s Wholesale Lender, No. 3:16-CV-00364, 2017 WL 1177746 (S.D.Tex. 2017); DHI Holdings, LP v. RW Mortgage Services, No. 4:18-cv-04602, Dkt. No. 16 (S.D.Tex. 2019); DHI Holdings, LP v. Fremont Investment & Loan, No. 4:18-cv-03924 (S.D.Tex. 2018).